State v. Lovick

DUFRESNE, Judge.

Defendant, David Lovick, was convicted by a 12-person jury of first degree robbery of a Time Saver Convenience Store in Lul-ing and sentenced to five years at hard labor without benefit of parole, probation or suspension of sentence.

On April 16,1986, Lovick was granted an out-of-time appeal and assigns two errors for our review:(1) That the trial court erred in failing to grant the defendant’s motion for a six man jury.(2) That the trial judge erred in granting the defendant’s motion to add first degree robbery as a responsive verdict in contravention to Art. 814 of the Code…